When a person passes away, it is inevitable that their will goes through the probate court. A will is a legal document outlining how a person’s estate should be handled after their death, often naming an executor to manage the estate.
While individuals typically plan their estate to benefit their family members, there is always a concern that someone may contest the will, seeking a larger share of the estate. This can create difficulties for the deceased’s family members during the probate process.
In this article, we will explore who has the ability to challenge a will and the grounds on which they can do so. We will also discuss strategies for addressing such challenges in a constructive manner.
Individuals Eligible to Contest a Will in Probate Court
As an executor, it is important to understand who has the legal standing to contest a will. Not everyone connected to the deceased can challenge the will; only “interested persons” with valid legal reasons can do so under probate law. Let’s examine who can contest a will in probate court.
Beneficiaries: These are individuals named in the will to receive assets. Beneficiaries, regardless of their relationship to the deceased, can contest the will if they believe the distribution is unfair.
Heirs: Heirs, typically family members, hold a strong position to challenge a will in probate court, especially if they have been excluded from the will.
Creditors: Creditors may also contest a will to claim a portion of the estate, making it essential for the executor to verify the legitimacy of their claims.
Common Reasons for Challenging a Will in Probate Court
Challenging a will in probate court requires valid legal grounds, rather than personal preferences. Here are some primary reasons why a will may be contested:
Improper Signature Process: Each state has specific requirements for signing a will, such as the presence of witnesses. Failure to adhere to these procedures can lead to a will being contested.
Lack of Testamentary Capacity: This refers to the testator’s understanding of their assets and beneficiaries when creating the will. If it can be proven that the testator lacked this capacity, the will may be challenged.
Undue Influence: If it is believed that the testator was influenced by others when creating the will, especially in cases of diminished mental capacity, the will can be contested on these grounds.
Handling Challenges in Probate Cases
Dealing with challenges to a will during the probate process can be complex and overwhelming for an executor. In such situations, seeking the assistance of a probate lawyer is crucial. These legal professionals have the expertise to navigate challenging scenarios and ensure a fair resolution in court.
